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(영문) 수원지방법원 안양지원 2013.07.17 2013고단591

상해등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 16, 2013, the Defendant was sentenced to three months of imprisonment for fraud in the Suwon District Court, and the execution of the sentence was terminated in the Ansan Prison on March 11, 2013.

1. At around 11:30 on May 28, 2013, the Defendant: (a) listened to the horses “D” restaurant located in Mapoposi Si, Mapo-si; (b) the victim E (V) who was under the influence of alcohol and was sitting in a female toilet; (c) the victim E (V), who was on the side of the 31 year old age, was off the victim’s inner diameter; (d) the victim was off the breast with her hand, and her buck with her head, her head spawl at one time; and (e) the victim was spawn with her head spawn and her head spawn with approximately two weeks of the left side

2. The Defendant committed an indecent act by compulsion by force against a female by force on three occasions with the victim’s chests, in the time, place, and place indicated in paragraph (1), where the victim committed an indecent act by force. The Defendant committed an indecent act by force on three occasions the female’s chests by taking away the victim’s cellular phone equipment to report the damage, taking the victim away from his cell phone equipment, and taking the victim away it,

Summary of Evidence

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of the records of the same kind of suspect and the facts of repeated crimes), investigation reports (report on confirmation of the expiration of the period of punishment) and Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 298 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be limited to the applicable sentencing range.